As a conclusion

The above group of patents pretty much covers the hygromycin phosphotransferase gene as a selectable marker for transformation of prokaryotes and eukaryotes. The broad coverage is not only with respect to the subject matter, but also to the geographical scope. Certainly, the inventions are protected in the main commercial jurisdictions: the United States, Europe, Japan, Australia and Canada. Essentially this group of patents owned by Eli Lilly and Novartis exclude others, almost completely, from this enabling technology tool. Hygromycin phosphotransferase gene is one of the most widely used selectable marker genes, mainly for monocot plants. This means, that most of the users of this gene, at least in the jurisdictions where the gene is protected, are likely to infringe the patents if the use has not been authorized.